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(영문) 서울중앙지방법원 2016.10.11 2016고정712
공무집행방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

E, on January 16, 2015, around 07:33, in front of the ‘G restaurant' located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F, received 112 report that there was a assault case and received a check from the police officer I of police officer I of the police officer in his hand, and the J, who was on duty, went out of the Republic of Korea.

In addition, police officers coming out of the past trying to detect and confirm the J, which is thrown away from the door, but the J refused to comply with this, so that they attempted to arrest a flagrant offender due to a violation of the Punishment of Minor Offenses Act, E was placed in the clothes of police officers I, E was placed in line with the defendant and K, who was in the middle line of E, in order to prevent police officers from facing the front of police officers I, and forced police officers to escape from the court by assaulting the police officers, such as L and M's body.

Accordingly, in collusion with E and K, the Defendant interfered with the legitimate execution of duties by police officers related to the prevention and suppression of crimes, and arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, L and M;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Relevant Articles of the Criminal Act and Articles 136 (1) and 30 (Selection of Fine) of the Criminal Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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